Research On The System Of "Double Defendants" In Administrative Litigation In China

On May 1,2015,the revised version of the Administrative Litigation Law,25 years later,officially began to implement with a number of new systems in the field of administrative litigation.The system of "Joint Defendant System" in administrative litigation is undoubtedly the most eye-catching system in the new system.after all,from the promulgation of the initial draft to the final finalization,there are endless arguments among scholars and experts at home and abroad.Scholars and experts express their own views one after another,and the opinions of the supporters and opponents are dazzling.Supporters believe that the introduction of the double-defendant system is a good medicine to solve the inaction of administrative reconsideration organs,and it is the main way to solve administrative disputes.Opponents believe that the theory of double-defendant system conflicts with the existing joint action theory in our country,and conflicts with the judicial direction of administrative reconsideration reform in our country.The practice data in the past five years shows that the Joint Defendant System has indeed alleviated the inaction of administrative reconsideration organs,such as"maintenance meeting",but it also brings many new problems.The workload of administrative reconsideration and administrative litigation has skyrocketed,and the new "maintenance meeting" of administrative reconsideration has emerged,which conflicts with the existing common litigation theory,evidence proof and Adjudication Rules of our country,and gives the reconsideration organs and trials Sentencing authorities and administrative counterparts have brought new problems.The dispute of the Joint Defendant System mainly comes from the position of administrative reconsideration procedure and the connection between administrative litigation and administrative reconsideration.Based on the new and old problems,in the short term,we should narrow the scope of reconsideration maintenance cases and clarify the judgment rules of reconsideration maintenance cases in combination with specific situations;in the long term,we should abolish the double accused system after the establishment of the specialized construction of administrative reconsideration institutions,and strive to make our administrative reconsideration procedures the main way to solve administrative disputes and promote the civilization of the rule of law Development.